All goods purchased from Anchor Fixings Ltd (hereinafter referred to as the Vendor or Anchor Fixings Ltd) are sold subject to the following terms and conditions, which the Purchaser agrees shall be substituted for any terms and conditions appearing on the Purchaser’s order or appearing in any other document or letter sent to the Vendor by the Purchaser.
1. PRICES: The prices in any price list or quotation are exclusive of VAT and subject to alteration by the Vendor without prior notice. If at any time there is an increase in VAT or other Duty then the Vendor shall be entitled to increase the prices accordingly.
2. ORDERS: Anchor Fixings Ltd does not operate sales or return policy. It is in the consumer’s best interest that the stock be correctly rotated to ensure best possible quality. The purchaser is responsible for the control of stock after acceptance of delivery.
3. DELIVERY & ACCEPTANCE: Unless otherwise stated or agreed, goods are sold delivered to the Purchaser’s premises at prices current at the date of despatch. In the event of there being any difference between the goods ordered by the Purchaser and those described in the Vendors invoice, the Purchaser must notify the Vendor of such difference in writing within three days of either receiving the goods or the invoice, whichever is the later, otherwise the goods described in the Vendors invoice shall be deemed to be those ordered by Purchaser. All orders with a value below £100 to be delivered within NI will be subject to a carriage charge at cost, below for £150 for Southern Ireland and below £250 for UK Mainland.
4. RISK: Risk in the goods shall pass to the Purchaser immediately on delivery to the Purchaser or into custody on the Purchasers behalf whichever is the sooner and shall be responsible for any loss or damage to the goods howsoever caused while in his custody and care.
5. SHORTAGES, DAMAGE & NON DELIVERY: All deliveries shall be counted and examined for shortages, damage or signs of leakage at the time of
delivery. The Vendor shall not be liable for any claim with regard to shortage of, or damage to, goods unless a claim in writing made by the Purchaser is received by both the Vendor and the carrier within 24 hours from the receipt of the goods to which the shortage or damage relates, or a claim is lodged with the Vendor within the same period. The Vendor shall not be liable for any claim with regard to non-delivery of goods unless a claim in writing made by the Purchaser is received by the Vendor within the same period. The Vendor shall not be liable for any claim with regard to non-delivery of goods unless a claim in writing made by the Purchaser is received by the Vendor within fourteen days of the date of the relevant invoice.
6. RETURNS / CREDIT: Goods correctly supplied will be subject to a 20% handling & restocking charge. Credit will only be issued on full box quantities, in original packaging and must be in resalable condition. No Goods will be accepted for return after 30 days from date of invoice.
7. DELAYS IN DELIVERY: The vendor will do its utmost to deliver the goods to the Purchaser as soon as possible after receipt of the Purchasers order, but accepts no liability for delay however caused including delay caused by strikes, lock-outs, accidents, acts of God or by any other happening beyond the Vendor’s control while the goods are in the course of production, in storage or in distribution.
8. RETENTION OF TITLE: The property in the Products shall not pass to the Purchaser until AF has received payment in full of the purchase price together with payment of all other sums due from the Purchaser to AF on any other account. Until such payment has been received the Purchaser shall hold the products solely in fiduciary capacity and as a bailee for AF. The Purchaser shall use its utmost endeavours to store Products supplied by AF separately from all other products and shall mark those Products in which title has not passed to the Purchaser, conspicuously so as to be readily identifiable as being the property of AF.
a) The Purchaser is hereby licensed to sell the Products notwithstanding that the title therein may not then have passed to it. The Purchaser shall (as between the Purchaser and AF but not as between Purchaser and any sub-purchaser) make such sale as agent for AF and accordingly shall hold the proceeds of any re-sale as trustee and agent for AF and shall keep them apart from other monies of the Purchaser but if the Purchaser shall, whilst the contract of sale remain un-repudiated and otherwise capable of completion, make payment in full for the Products, the Purchaser shall become entitled to the proceeds representing such products.
b) The Purchaser shall insure the Products on or at the Purchaser premises against fire, lightening, explosion, aircraft, riot, civil commotion, malicious damage, earthquake, storm, tempest, flood, burst pipes and theft, and shall, if required to do so by AF, prove to AF that such insurance has been effected (a clause notice of AF’s interest in the Products noted on the Purchaser’s insurance policy). Until property in the product passes to the Purchaser, AF shall be entitled to repossess the Products and for the purpose of such repossession shall be entitled to enter upon the Purchaser’s premises during normal business hours to remove the Products.
c) The Purchaser’s right to sell the Products shall automatically cease if a Receiver is appointed over any of the assets of the Purchaser, the Purchaser enters into administration, a winding up order is made against the Purchaser or the Purchaser goes into voluntary liquidation or makes arrangements or composition with its creditors or becomes bankrupt. In any of these circumstances AF shall be entitled to treat the contract as repudiated and to enter the premises of the Purchaser for the purpose of removing the Products.
d) Products situated in Scotland: The property in the Products shall not pass to the Purchaser until AF has received payment in full of the purchase price thereof. Clauses (c) and (d) above shall also apply to Products situated in Scotland.
9. LIABILITY OF VENDOR:
a) If the Vendor (who shall act reasonably) is satisfied that any goods are defective as to material or quality and the defect is not caused wholly or partly by accident while the goods are at the Purchaser’s risk, wilful default, improper or extended storage or use by the Purchaser after delivery, and the Purchaser notifies the Vendor of the defect, and makes the goods available for inspection and testing on behalf of the Vendor or, if the Vendor so requires, returns them to the Vendor’s premises, carriage paid, on the basis that the Vendor will reimburse the cost if there is such a defect, then at the Vendor’s discretion the Vendor will replace the goods or waive or refund, or issue a credit note against all or an appropriate part of the price.
b) Subject to (a) above, no collateral contract, representation, warranty, condition, stipulation, liability or obligation whatsoever is given, made or undertaken by or on behalf of the Vendor in relation to the goods without limitation whether: (i) in contract or lost (including negligence); or (ii) expressly, implied, at common law, or by statute, custom, usage, or course of dealing; or (iii) in relation to loss, injury or damage which is direct, indirect, consequential or economic or affects turnover, expenses or profit or (iv) in relation to goods’ description, correspondence with sample, state, condition, performance safety, durability, merchantable, satisfactory or other quality, fitness for any particular purpose, appearance, finish or freedom from defects on delivery or at any other time, or otherwise all of which are hereby excluded and extinguished; and the Vendor’s liability is limited accordingly.
c) Nothing in these conditions will exclude, restrict or limit any liability of the Vendor if and to the extent that it cannot be excluded, restricted or limited under the law of any part of the United Kingdom or Ireland.
10. TERMS: The Vendor’s invoice is payable within 30 days of invoice date, unless separately agreed in writing.